Sen. Raffy Tulfo expressed concern over the rules of criminal procedure being followed by law enforcers, particularly in breaking inside a residence which he believes should require a search warrant.
Tulfo was specifically referring to Sec. 11 of Rule 113 under the Revised Rules of Criminal Procedure which states that "An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be," emphasizing that the phrase "reasonably believed to be" is prone to abuse.
He mentioned this during the hearing of the Senate Committee on Public Order and Dangerous Drugs on the alleged abuses, killings, and human rights violation of the members of the Philippine National Police (PNP).
"Hindi clearly defined. So pwedeng sabihin all the time ng kahit sinong pulis na abusado na 'I have reason to believe' na he is there so therefore, puwede kong pasukin yan yung bahay na yan kahit na wala kong search warrant para arestuhin (It's not clearly defined. So an abusive police can say all the time that 'I have reason to believe' that the suspect is there so therefore, I can enter that house without a search warrant to arrest whoever)," he explained.
"It should be well-defined anong ibig sabihin ng 'resonably believed'. Dapat merong precise definition. Kasi kung 'reasonably believed' very vague pwedeng gamitin sa pang-aabuso (The phrase 'reasonably believed' should be well-defined here. There should be a precise definition. Because if it only says 'reasonably believed' it's very vague and can be used for abuse)," he added.
This was in relation to an Aug. 12 incident wherein members of the Pandi, Bulacan PNP entered the property of Rodelio Vicente claiming they were conducting a manhunt for an alias “Elmer.” Vicente, who sought Tulfo’s help through his program “Raffy Tulfo in Action,” was taken into custody and arrested for allegedly committing Direct Assault and Disobedience to a person in Authority without any warrant of arrest or justification.
The senator shared that the said police officers were not wearing their uniform but were wearing ski masks instead during the said manhunt operations and even physically assaulted Vicente’s daughter.
Further, Tulfo added that Vicente’s son was just visiting his father in the precinct when he was taken into custody by the PNP Pandi Bulacan Police for allegedly committing Direct Assault and Disobedience to a person in Authority.
However, during the hearing, the police insisted that his son was arrested within the premises and not in the station.
Due to the disputing claims, Tulfo suggested that a polygraph test be conducted on PCpl Ryan Roxas, Guinto, PCpl Joel France Dicen and PLt Michael Bernardo as well as Vicente's son.
Sen. Ronald "Bato" Dela Rosa said that he will never turn a blind eye to the police's alleged misdemeanors and what motivates him in fully reforming the PNP is saving the honest and principled police officers.
"We might not be able to find some magic bullet or some divine formula to address all issues surrounding our police officers today. However, it is our hope that we will be effective in reminding our police that their lives are no longer wholly theirs. By virtue of their sworn duty, they have also dedicated their lives to service, honor, and justice for the country," he added.